USCIS Removes Pre-Adjudication Site Inspection Requirement
On March 2, 2023, U.S. Citizenship and Immigration Services, or USCIS, updated its policy guidance regarding site inspection requirements for special immigrant and nonimmigrant religious worker petitions.
Previously, it was a mandatory requirement for site inspections to be conducted on a religious organization before a petition could be approved. Organizations seeks premium processing were also subject to the requirement of having a successful pre-adjudication site inspection. Per this policy update, USCIS no longer requires mandatory pre-adjudication site inspection for petitioners, even to be eligible for premium processing.
USCIS will continue to conduct site inspections, which will be selected randomly, to ensure immigration compliance. They will continue to inspect work locations to verify work hours, compensation, and duties to make sure petitioners (religious organizations) and beneficiaries (religious workers) are complying with the terms of the approved petitions.
In addition, USCIS can conduct site visits “for cause” if there is a suspicion of an immigration violation. If any violations are found, USCIS may issue a request for evidence, or a notice of intent to deny and/or revoke the underlying petition. RIS encourages organizations and work locations, as always, to be prepared for site inspections. If you have any questions about this policy update or how to prepare for government site inspections, please reach out to your assigned RIS Attorney.